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In the name of "fair dealing" (what the US calls "fair use"), the new EU copyright directive will allow limited copying by researchers whose need arises from non-commercial research or private study, and by librarians acting on their behalf. However, after December 22, 2002, it will exclude such copying when the researcher has a "commercial purpose". Researchers who sign a declaration that their research is non-commercial will protect librarians who act on their behalf, but will only be protected themselves if their declaration is truthful. The European Court of Justice will be the final arbiter of whether research has a commercial purpose.
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